Government Contracts MonitorPast PerformanceGAO Affirms Past Performance Evaluation Benefits of Mentor-Protege Joint VenturesMarch 31, 2014 One of the long-recognized advantages of mentor-protege joint ventures is to enable a developing company to shore up and expand its past performance experience by claiming the past performance experience of its mentor. This advantage is particularly significant in view of the ever-increasing importance being accorded to past performance in best value procurements. The Government Accountability… Novation: Capturing Credit for the Assets and Experience of Your PredecessorOctober 28, 2013 Relevant experience and past performance are key ingredients in the evaluation of proposals. In this world of constant mergers, acquisitions (asset purchases and stock purchases) and related novations of government contracts, the question is often exactly what experience can and should be counted by an agency when it evaluates proposals? The answer is not always clear. Take for example, two… Past Performance: Do your Subs and Key Personnel Count or Not?October 3, 2013 HK Consulting (HK) protested the terms of a Request for Proposals (RFP) alleging it unduly restricted competition. What was the problem? The RFP stated that the agency would not consider the past performance of an offeror’s proposed subcontractors or key personnel. In HK’s view, this past performance criteria was unreasonable and unduly restrictive of competition. But… Get What You Need: Final FAR Rule Makes Past Performance More Important Than EverSeptember 10, 2013 Last month, the Federal Acquisition Regulation (FAR) was amended to change the government’s procedures for recording contractor past performance. Specifically, the changes provide factors for government-wide standardization of past performance evaluations and make reporting more consistent and accurate. The final rule requires contracting officials to enter past performance information… Past Performance Probes May Begin and End with Proposal ProffersMay 17, 2013 The Government Accountability Office (“GAO”) expects offerors to bear the burden of submitting the past performance information they wish an agency to consider in evaluating their proposals. In the recently decided protest FN Manufacturing LLC (“FNM”), B-407936 (Comp. Gen. April 19, 2013), the GAO stated it sees “no basis for concluding” that an agency is “required to search for… |
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